Constitutional Court Rules Against Transfer of Local Officials Management in Basque Country

The Constitutional Court has ruled that a provision in the General State Budget Law of 2022, which transferred the management of local officials with national authorization to the Basque Country, is unconstitutional. This decision was made in response to an appeal filed by the PP and supported by a majority of the magistrates, with a dissenting vote from Judge María Luis Balaguer.

The court found that the provision exceeded the scope of a budget law and violated constitutional articles related to legislative post-statute and control over government expenditure. The revised provision, while similar in wording, was also deemed unconstitutional due to these reasons.

The court emphasized that the provision did not directly impact the remuneration or economic aspects of officials with national authorization in local administration. However, this issue was not raised as a concern during this particular case.

The PP also alleged violations of constitutional rights related to autonomous community rights and state powers transfer, but these issues were not addressed by the court as they were not part of the appeal already successful.

In summary, the Constitutional Court’s ruling declared unconstitutional the transfer of management of local officials with national authorization to the Basque Country as stipulated in the General State Budget Law of 2022. The court found that it exceeded the scope of a budget law and violated constitutional articles related to legislative post-statute and control over government expenditure.